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Laws & Orders

Laws and Orders Pertaining to Illegal Discrimination and Harassment

Learn about the various types of discrimination/harassment by the laws governing compliance issues dealt with by the AA/EO Office. There are follow-on links provided to the relevant laws, regulations, policy guidance, fact sheets, Q&As, best practices and other information.

(STUDENTS): Section 504 of the Rehabilitation Act of 1973, as amended, along with the Americans with Disabilities Act (ADA) of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008 http://www2.ed.gov/policy/rights/guid/ocr/disability.htmlprohibits discrimination and/or harassment based on disabilities and requires A reasonable accommodations@ where appropriate.

Equal Pay/Compensation

The Equal Pay Act of 1963, as amended, http://www.eeoc.gov/laws/types/equalcompensation.cfmrequires equal pay for men and women doing substantially equal work and requiring substantially equal skill, effort, and responsibility under similar working conditions.

Pregnancy

(EMPLOYMENT): Title VII of the Civil Rights Act of 1964, as amendedhttp://eeoc.gov/laws/types/pregnancy.cfm prohibits discrimination and/or harassment in all aspects of employment because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

(STUDENTS): Title IX of the Educational Amendments of 1972, as amended and the implementing instructions at 34 C.F.R. Part 106.40(a) http://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html prohibits discrimination based on A pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.

Retaliation

(EMPLOYMENT & STUDENTS): The University (or any of its employees and/or students) is prohibited from retaliating against an individual who has made charges, testified, assisted with or participated in any way in any proceeding, investigation or hearing, or brought forth issues in regard to the violations or alleged violations of laws or orders outlined in this section.

Sexual Orientation and Gender Identity/Expression

(EMPLOYMENT & STUDENTS): USU Policy 303 - Affirmative Action/Equal Opportunity http://www.usu.edu/hr/files/uploads/Policies/303.pdf prohibits discrimination and/or harassment on the basis of sexual orientation for employees in all aspects of employment and for students in academic programs and activities.

Affirmative Action (employment only)

requires USU, as a federal contractor, to take affirmative steps to recruit, hire, and advance women and minorities when they are underrepresented in the University workforce and are qualified and available in the labor force. It requires that we develop a written affirmative action program (AAP) annually. Additionally USU also mus publish an AAP outlining affirmative action employment steps relating to persons with disabilities and certain qualified veterans.

Utah Antidiscrimination Act

(Utah Code - Title 34A - Chapter 05) http://le.utah.gov/UtahCode/section.jsp?code=34A-5 states that it is illegal to discriminate in all aspects of employment based on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, religion, national origin, or disability.

Governor's Executive Order 2006-0012:

Prohibiting Unlawful Harassment, Issued December 13, 2006 http://www.rules.utah.gov/execdocs/2006/ExecDoc121664.htm recognizes that an unlawful harassment undermines the integrity of the workplace, destroys morale and offends social and legal standards of acceptable behavior;" mandates harassment awareness training; prohibits retaliation; and requires development and disseminating of complaint procedures to all employees with emphasis on managers understanding their responsibilities in "identifying unlawful harassment and appropriately dealing with complaints and solving related problems."